37iH  CONGRESS,  (  HOUSE  OF  REPRESENTATIVES,    j  Mis.  Doc. 
2d  Session.  No.  78. 


CONSTITUTION  OF  THE  STATE  OP  DESERET. 


MEMOEIALS 

OF  THE 

LEGISLATUKE  AND  CONSTITUTIONAL  CONTENTION  OF 
UTAH  TERRITORY, 

PRATING 

The  admission  of  said  Territory  into  the  Union  as  the  State  of  Deseret. 


•JUNE  9,  1862. — Referred  to  the  Committee  on  the  Territories,  and  ordered  to  be  printed. 


To  the  honorable  the  Senate  and  House  of  Representatives  of  the  United 
States  of  America  in  Congress  assembled  : 

GENTLEMEN:  We,  your  memorialists,  the  members  of  the  general 
assembly  of  the  State  of  Deseret,  respectfully  state  that  our  pecu- 
^liarly  isolated   position,  the  well-proven  inadequacy  of  a  territorial 
^organization  to  meet  the  wants  of  a  rapidly  increasing  population, 
tnow  numbering  from  eighty  to  a  hundred  thousand,  a  disposition  to 
lessen  governmental  expenditures  when  they  are,  of  necessity,  so 
great,  and  an  earnest  desire  to  enjoy  those  inherent,  inalienable,  and 
constitutional  rights  guaranteed  to  every  American  citizen,  have  in- 
..duced  the  citizens  of  Utah  to  unanimously  and  constitutionally  organ- 
ize a  State  government,  preparatory  to  their  admission  into  the  Union 
as  the  "  State  of  Deseret;77  wherefore  your  memorialists  most  respect- 
fully solicit  your  honorable  body  to  favorably  consider  this  our  peti- 
tion, and,  at  as   early  a  day  during  your   present  session  as  other 
important  duties  will  permit,  take  action  admitting  the  State  of  De- 
seret "into  the  Union  on  an  equal  footing  with  the  original  States  in 
all  respects  whatever.77 

Adopted  by  the  general  assembly  of  the  State  of  Deseret,  on  the 
17th  day  of  April,  A.  D.  1862. 

JOHN  TAYLOR, 

President  of  the  Senate. 
A.  P.  ROCKWOOD, 
Speaker  of  the  House  of  Representatives. 
T.  W.  ELLERBECK, 

Secretary  of  the  Senate. 
WILLIAM  CLAYTON, 
Chief  Clerk  of  the  House  of  Representatives. 


CONSTITUTION    OF    THE    STATE    OF    DESERET. 


MEMORIAL. 

To  the  honorable  the  Senate  and  House  of  Representatives  of  the  United 
States  in  Congress  assembled : 

Your  memorialists,  the  citizens  of  the  United  States  in  the  Terri- 
tory of  Utah,  by  their  delegates  in  convention  now  assembled,  re- 
spectfully present  this  their  memorial,  humbly  praying  for  admission 
into  the  federal  Union  as  a  "free  and  sovereign  State, "  under  the 
name  and  style  of  the  State  of  Deseret,  with  the  constitution  here- 
with presented. 

They  do  thus  the  more  boldly  urge  their  admission  into  the  family 
of  States,  knowing  that  their  claims  are  based  upon  their  constitu- 
tional rights,  upon  constitutional  law,  and  upon  their  native  and  in- 
herent franchise  as  American  citizens. 

The  people  of  the  United  States,  for  themselves  and  their  posterity, 
established  a  Constitution  to  secure  alike  to  one  and  all  the  blessings 
flowing  therefrom.  Wherever  American  citizens  are  to  be  found  on 
American  soil,  or  that  portion  of  it  over  which  the  jurisdiction  of  the 
Constitution  is  extended — however  few  their  number — there  and  to 
them  is  the  right  given,  and  to  all  their  future  generations  bequeathed, 
to  say  who  shall  govern  them,  and  to  have  a  voice  in  the  enactment 
of  the  laws  by  which  they  shall  be  governed.  If  this  franchise — 
great,  glorious,  and  sacred  as  it  is — be  worth  anything,  it  is  a  fran- 
chise that  the  dividing  lines  of  States  or  Territories  cannot  annul. 

Your  memorialists  maintain  that  self-government  is  an  inherent 
right  of  every  American  citizen;  nay,  that  it  is  the  birthright  of 
every  man,  bequeathed  to  him  by  the  Almighty  Dispenser  of  all  good 
gifts.  The  citizens  of  Utah  enjoy  not  this  right.  The  executive  and 
judicial  departments  of  the  Territory  are  made  up  of  strangers  alike 
to  her  customs,  her  history,  her  wants,  and  her  interests. 

It  has  been  contended  in  favor  of  territorial  governments  that  the 
pioneers  to  new  territory,  in  consideration  of  their  numerous  priva- 
tions and  the  wants  and  expenses  incident  to  the  formation  of  new 
settlements,  require  and  are  entitled  to  the  fostering  care  and  chari- 
table aid  of  the  parent  government.  But  shall  it  be  held  as  sound 
doctrine  by  American  statesmen  and  jurists  that  such  care  and  aid 
are  to  be  held  as  an  equivalent  for  the  liberty  of  the  citizen?  or  that 
the  holy  birthright  as  freemen  born  for  self-government  should  be 
exchanged  for  a  mess  of  pottage  ?  That  such  care  and  aid,  however, 
are  not  required  by  the  citizens  of  Utah,  your  memorialists  would 
respectfully  call  your  attention.  No  trouble  or  expense  is  considered 
burdensome  when  all  is  done  by  the  "consent  of  the  governed/' 

The  isolated  condition  of  Utah,  far  removed  from  the  national 
capital,  and  the  growing  importance  of  her  position  as  the  joining 
link  between  the  Atlantic  and  Pacific  States,  should  give  her,  apart 
from  other  considerations,  a  strong  claim  to  be  at  once  introduced 
and  numbered  among  the  family  of  States. 

The  number  of  the  population  could  not  be  claimed  as  a  barrier  to 
the  admission  of  Deseret.  Her  population  is  ample;  but  were  it  not 
half  its  present  number,  still  that  cannot  be  an  impediment.  "  The 


CONSTITUTION    OF    THE    STATE    OF   DESERET.  5 

Constitution,"  said  the  present  honorable  Secretary  of  State,  "does 
not  prescribe  93,700,  or  any  other  number  of  people,  as  necessary 
to  constitute  a  State."  "The  Constitution,"  he  says,  in  the  same 
speech,  (April  9,  1856,)  "  prescribes  only  two  qualifications  for  new 
States,  namely  :  a  substantial  civil  community  and  a  republican  gov- 
ernment." Both  of  these  are  claimed  by  your  memorialists  for 
Deseret. 

Why  should  Deseret  be  denied  the  privileges  granted  to  other 
States  which  have  been  admitted  ?  Call  to  mind,  gentlemen,  what 
Utah  has  done  towards  the  national  welfare.  Has  she  lain  in  sloth 
and  idleness  since  1847  ?  or  have  political  wranglings  taken  the  place 
of  industry  and  the  pursuit  of  the  peaceful  arts  ?  Let  her  fruitful 
fields;  her  public  and  her  private  buildings;  her  settlements  scattered 
over  five  hundred  miles  from  north  to  south,  thriving  with  numerous 
populations  and  musical  with  the  hum  of  industry;  the  telegraph 
and  the  overland  mail;  let  these  testify,  in  contrast  to  the  bleak,  barren 
deserts  found  by  her  pioneers,  then  the  resorts  of  wild  beasts  and 
wilder  Indians. 

The  constitution  herewith  presented  being  genuinely  republican; 
Congress  having  no  power  from  the  Constitution  to  deny  a  proper 
application  for  admission  into  the  Union,  but  the  full  power  to  admit, 
and  indeed  the  duty  imposed  upon  them  to  guarantee  unto  all  the 
States  a  republican  form  of  government;  the  universal  call  from  the 
citizens  being  in  favor  of  a  State  government;  the  right  of  repre- 
sentation with  taxation  being  undeniable,  and  knowing  by  experience 
their  ability  to  sustain  themselves  in  a  State  organization,  your  me- 
morialists numbly  ask.  and  respectfully  claim  as  their  unquestionable 
right,  to  be  admitted  into  the  federal  Union  or  family  of  States,  under 
the  title  of  the  State  of  Deseret;  feeling  assured  that  when  they  ask 
for  bread  from  the  granaries  of  freedom  you  will  not  give  them  a 
stone  quarried  from  the  crumbling  ruins  of  colonial  despotism. 

The  bearers  of  this  memorial  and  of  the  constitution  and  proceed- 
ings of  the  convention,  with  the  documents  pertaining  to  the  State 
organization  and  proceedings  of  the  general  assembly,  are  the  sena- 
tors and  the  representative  who  will  be  elected  in  accordance  with 
the  constitution  adopted  by  the  convention;  and  they  are  hereby  au- 
thorized to  make  the  necessary  application  to  each  house  of  Congress 
for  the  admission  of  this  State  into  the  Union,  and  \ve  bespeak  for 
them  the  candid  hearing  and  consideration  by  your  honorable  body 
of  the  aforenamed  and  such  other  matters  as  they  may  present  before 
you  pertaining  to  the  interest  and  well-being  of  this  rising  State; 
trusting  that  you  will  accord  unto  them  the  seats  in  the  national 
councils  of  our  common  country  to  which  the  partiality  of  a  loyal 
people  has  unanimously  elected  them. 

DANIEL  U.  WELLS, 

President  of  Convention. 

Adopted  in  convention  in  Great  Salt  Lake  City,  Territory  of  Utah, 
January  23,  A.  D.  18G2. 

WILLIAM  CLAYTON, 

Secretary  of  Convention. 


CONSTITUTION    OF   THE    STATE    OF    DESERET. 


CONSTITUTION  OF  THE  STATE  OF  DESERET. 

We,  the  people,  grateful  to  the  Supreme  Being  for  the  enjoyment 
of  life  and  mercy,  and  feeling  our  dependence  on  him  for  a  continua- 
tion of  those  blessings,  do  ordain  and  establish  the  following  consti- 
tution : 

ARTICLE  I. 
Boundary  and  name. 

All  that  part  of  the  territory  of  the  United  States  bounded  as  fol- 
lows: Beginning  on  the  37th  parallel  of  north  latitude  where  it  inter- 
sects the  32d  meridian  of  longitude  west  from  Washington,  or  the 
109th  meridian  of  longitude  west  from  Greenwich;  thence  west  on 
said  parallel  to  the  39th  meridian  of  longitude  west  from  Washing- 
ton, or  the  116th  meridian  of  longitude  west  from  Greenwich;  thence 
north  on  said  meridian  to  its  intersection  with  the  42d  parallel  of 
north  latitude;  thence  east  on  said  parallel  to  the  32d  meridian  of 
longitude  west  from  Washington,  or  the  109th  meridian  of  longitude 
west  from  Greenwich;  thence  south  on  said  meridian  to  the  place  of 
beginning,  is  hereby  formed  into  a  free  and  sovereign  State,  and 
named  Deseret. 

ARTICLE  II. 
Declaration  of  rights. 

SECTION  1.  In  republican  governments  all  men  should  possess  their 
natural  rights,  among  which  are  those  of  enjoying  and  defending  their 
life,  and  liberty,  acquiring,  possessing,  and  protecting  property,  and 
of  seeking  and  obtaining  their  safety  and  happiness. 

SEC.  2.  All  political  power  is  inherent  in  the  people,  and  all  free  gov- 
ernments are  founded  in  their  authority,  and  instituted  for  their  ben- 
efit; therefore  they  have  an  inalienable  and  indefeasible  right  to  insti- 
tute government,  and  to  alter,  reform,  or  change  the  same,  when  their 
safety,  happiness,  and  the  public  good  require  it. 

SEC.  3.  All  men  have  a  natural  and  inalienable  right  to  worship 
God  according  to  the  dictates  of  their  own  consciences  ;  and  the 
general  assembly  shall  make  no  law  respecting  an  establishment  of 
religion,  or  prohibiting  the  free  exercise  thereof,  or  to  disturb  any 
person  in  his  religious  worship  or  sentiments,  and  all  persons  demean- 
ing themselves  peaceably,  as  good  members  of  this  State,  shall  be 
equally  under  the  protection  of  the  laws  ;  and  no  subordination  or 
preference  of  any  one  sect  or  denomination  to  another  shall  ever  be 
established  by  law  ;  nor  shall  any  religious  test  be  ever  required  for 
any  office  of  trust  under  this  constitution. 

SEC.  4.  Every  person  may  speak,  write,  and  publish  his  sentiments 
on  all  subjects,  being  responsible  for  the  abuse  of  that  right ;  and  no 
law  shall  be  passed  to  abridge  the  liberty  of  speech  or  of  the  press. 

SEC.  5.  The  people  shall  be  secure  in  their  persons,  houses,  papers, 
and  possessions  from  unreasonable  searches  and  seizures. 


CONSTITUTION    OF   THE    STATE    OF   DESERET.  5 

SEC.  6.  The  right  of  trial  by  jury  shall  remain  inviolate  ;  and  all 
prisoners  shall  be  heard  by  self  or  counsel,  at  their  own  election  ;  and 
no  person  shall  be  held  to  answer  a  capital  or  otherwise  infamous 
crime  unless  on  presentment  or  indictment  of  a  grand  jury  ;  nor  shall 
any  person  be  subject  for  the  same  offence  to  be  twice  put  in  jeopardy 
of  life  or  limb,  nor  be  compelled  in  any  criminal  case  to  be  a  witness 
against  himself. 

SEC.  7.  All  penalties  and  punishments  shall  be  in  proportion  to  the 
offence  ;  and  all  offences,  before  conviction,  shall  be  bailable,  except 
capital  offences  where  the  proof  is  evident  or  the  presumption  great. 
Excessive  bail  shall  not  be  required. 

SEC.  8.  The  writ  of  habeas  corpus  shall  not  be  suspended,  unless 
in  case  of  rebellion  or  invasion,  or  the  public  safety  shall  require  it, 
and  then  only  as  provided  by  legislative  enactment. 

SEC.  9.  Treason  against  this  State  shall  consist  in  levying  war 
against  it,  or  adhering  to  its  enemies  or  giving  them  aid  and 
comfort. 

SEC.  10.  The  general  assembly  shall  pass  no  bill  of  attainder, 
ex  post  facto  law,  nor  law  impairing  the  obligation  of  contracts. 

SEC.  11.  The  law  shall  not  be  suspended  but  by  legislative 
authority. 

SEC.  12.  The  right  of  petition  by  the  people  shall  be  preserved 
inviolate. 

SEC.  13.  The  right  of  citizens  to  keep  and  bear  arms  for  common 
defence  shall  not  be  questioned. 

SEC.  14.  Private  property  shall  not  be  taken  for  public  use  without 
just  compensation. 

SEC.  15.  No  standing  army  shall  be  kept  up  in  this  State  in  time 
of  peace,  and  the  military  shall  at  all  times  and  in  all  places  be  in 
strict  subordination  to  civil  power. 

SEC.  16.  The  enumeration  of  certain  rights  shall  not  be  construed 
to  impair  or  deny  others  retained  by  the  people. 

ARTICLE  III. 

The  powers  of  government  of  the  State  of  Deseret  shall  be  divided 
into  three  distinct  departments,  viz:  legislative, executive, and  judicial. 

ARTICLE  IV. 
Of  the  legislative. 

SECTION  1.  The  legislative  authority  shall  be  vested  in  a  general 
assembly,  consisting  of  a  senate  and  house  of  representatives,  the 
members  of  which  shall  be  elected  by  the  people. 

SEC.  2.  The  sessions  of  the  general  assembly  shall  be  annual,  until 
otherwise  provided  by  legislative  enactment;  and  the  first  session 
shall  be  as  hereinafter  provided. 

SEC.  3.  The  members  of  the  house  of  representatives  shall  be  chosen 
biennially  by  the  qualified  electors  of  their  respective  districts,  and 


6  CONSTITUTION    OF    THE    STATE    OF    DESERET. 

their  term  of  office  shall  continue  two  years  from  the  day  of  their 
election. 

SEC.  4.  Senators  shall  be  chosen  in  the  same  manner  as  the  repre- 
sentatives, and  their  term  of  office  shall  continue  four  years  from  the 
day  of  their  election. 

SEC.  5.  No  person  shall  be  a  member  of  the  general  assembly 
except  he  be  a  free,  white  male  citizen  of  the  United  States,  and  an 
inhabitant  of  this  State  one  year  preceding  the  time  of  his  election, 
and  has,  at  his  election,  a  residence  in  the  district  he  may  be  chosen 
to  represent. 

SEC.  6.  The  general  assembly  shall  have  power  to  prescribe  the 
number,  and  make  an  apportionment,  of  senators  and  representatives: 
Provided,  The  number  of  senators  shall  not  be  less  than  one-third, 
nor  more  than  one-half  of  the  representatives;  and  at  its  first  session 
each  house  of  the  general  assembly  shall,  respectively,  be  divided  by 
lot,  as  equally  as  may  be,  into  two  classes;  the  seats  of  the  repre- 
sentatives of  the  first  class  shall  be  vacated  at  the  expiration  of  one 
year,  and  of  the  senators  of  the  first  class  at  the  expiration  of  two 
years. 

SEC.  7.  Each  house  shall  choose  its  own  officers,  and  judge  of  the 
qualification,  election,  and  return  of  its  own  members. 

SEC.  8.  A  majority  in  each  house  shall  constitute  a  quorum  to  do 
business,  but  a  smaller  number  may  adjourn  from  day  to  day,  and 
compel  the  attendance  of  absent  members  in  such  manner  and  under 
such  penalty  as  each  house  may  provide. 

SEC.  9.  Each  house  shall  have  all  powers  necessary  for  a  branch  of 
the  general  assembly  of  a  sovereign  State. 

SEC.  10.  Each  member  of  the  general  assembly  shall  be  privileged 
from  civil  arrest  during  any  session,  and  in  going  to  arid  returning 
from  the  same. 

SEC.  11.  Neither  house  shall,  without  the  consent  of  the  other, 
adjourn  for  more  than  three  days,  nor  to  any  other  place  than  that 
in  which  they  may  be  sitting. 

SEC.  12.  The  members  of  the  general  assembly  shall  take  an  oath 
or  affirmation  to  support  the  Constitution  of  the  United  States  and 
of  this  State,  which  may  be  administered  by  each  other,  or  by  any 
person  qualified  to  administer  oaths. 

SEC.  13.  The  veto  power  of  the  governor  shall  be  allowed  by  the 
general  assembly  except  on  bills  which,  when  reconsidered,  shall  be 
again  passed  by  a  majority  of  two-thirds;  and  any  bill  vetoed  by  the 
governor  shall  be  returned  within  ten  days,  (Sundays  excepted,) 
with  his  objections,  otherwise  it  shall  become  a  law,  unless  the  gen- 
eral assembly  by  adjournment  prevent  its  return. 

SEC.  14.  Every  law  passed  by  the  general  assembly  shall  take 
effect  from  and  after  its  publication,  unless  otherwise  provided  at  the 
time  of  its  enactment. 

SEC.  15.  At  the  first  election  under  this  constitution,  the  voters  of 
this  State  shall  elect  thirteen  senators  and  twenty-six  representatives, 
in  the  manner  members  are  now  elected  to  the  legislative  assembly 
of  the  Territory  of  Utah,  and  according  to  the  apportionment  made 


CONSTITUTION    OF    THE    STATE    OF   DESERET.  7 

by  the  legislative  assembly  during  its  eleventh  annual  session  in 
1861-' 62.  All  subsequent  elections  shall  be  held  and  conducted  as 
prescribed  by  law. 

SEC.  16.  The  legislative  power  of  the  general  assembly  of  this 
State  shall  extend  to  all  rightful  subjects  of  legislation  consistent 
with  the  Constitution  of  the  United  States  and  of  this  State. 

SEC.  17.  It  shall  be  the  duty  of  the  general  assembly  to  elect  two 
senators  to  Congress,  as  prescribed  in  section  3,  article  1,  of  the  Con- 
stitution of  the  United  States. 

SEC.  18.  The  house  of  representatives  shall  have  the  sole  power 
of  impeachment,  and  the  senate  shall  have  the  sole  power  to  try  im- 
peachments. When  the  governor  or  lieutenant  governor  is  tried 
under  impeachment,  the  chief  justice  shall  preside.  No  person  shall 
be  convicted  under  impeachment  without  the  concurrence  of  two- 
thirds  of  the  members  present. 

ARTICLE  V. 
Of  the  executive. 

SECTION  1.  The  executive  power  shall  be  vested  in  a  governor, 
whose  term  of  office  shall  be  four  years,  and  until  his  successor  is 
elected  and  qualified.  A  lieutenant  governor  shall  be  elected  at  the 
same  time  and  for  the  same  term. 

SEC.  2.  No  person  shall  be  eligible  to  the  office  of  governor  or 
lieutenant  governor  unless  he  has  been  a  citizen  of  the  United  States 
six  years,  and  a  resident  of  this  State  four  years  next  preceding  his 
election. 

SEC.  3.  When  the  governor  elect  has  received  his  certificate  of 
election,  he  shall  qualify  for  entering  upon  the  duties  of  his  office  by 
taking  an  oath  or  affirmation  to  support  the  Constitution  of  the  United 
States  and  of  this  State,  and  to  faithfully  discharge  the  duties  of  his 
office;  said  oath  or  affirmation  may  be  administered  by  any  person 
authorized  to  administer  oaths. 

SEC.  4.  The  governor  shall  be  commander-in-chief  of  the  naval  and 
military  forces  of  this  State. 

SEC.  5.  He  shall  transact  all  executive  business  with  the  officers  of 
government,  civil  and  military,  and  may  require  information  in  writ- 
ing from  the  officers  of  the  executive  department  upon  any  subject 
relating  to  the  duties  of  their  respective  offices. 

SEC.  6.  He  shall  use  all  due  diligence  for  the  faithful  execution  of 
the  laws. 

SEC.  7.  When  any  office  shall  from  any  cause  become  vacant,  and 
no  mode  is  prescribed  by  the  constitution  or  laws  for  filling  such 
vacancy,  the  governor  shall  have  power  to  fill  such  vacancy  by  ap- 
pointment, which  shall  expire  when  such  vacancy  shall  be  filled  by 
due  course  of  law. 

SEC.  8.  He  shall  also  have  power  to  convene  the  general  assembly 
by  proclamation,  when,  in  his  opinion,  the  interests  of  the  State  re- 
quire it. 

SEC.  9.   He  shall  communicate  by  message  to  the  general  assembly 


8  CONSTITUTION    OF   THE    STATE    OF   DESERET. 

at  every  session  the  condition  of  the  State,  and  recommend  such 
measures  as  he  in  his  wisdom  shall  deem  expedient. 

SEC.  10.  In  case  of  disagreement  in  the  general  assembly  with  re- 
gard to  the  time  of  adjournment,  the  governor  shall  have  power  to 
adjourn  the  session  by  proclamation. 

SEC.  11.  No  person  shall,  while  holding  any  lucrative  office  under 
the  United  States,  or  this  State,  execute  the  office  of  governor. 

SEC.  12.  The  governor  shall  have  power  to  grant  reprieves  and 
pardons,  and  commute  punishments,  except  in  cases  of  impeachment. 

SEC.  13.  There  shall  be  a  seal  of  this  State,  which  shall  be  kept 
by  the  governor,  and  be  used  by  him  officially,  and  be  called  "Great 
Seal  of  the  State  of  Deseret." 

SEC.  14.  All  grants  and  commissions  shall  be  "in  the  name  of  the 
State  of  Deseret,"  shall  be  sealed  with  the  great  seal  of  State,  be 
signed  by  the  governor,  and  countersigned  by  the  secretary  of  state. 

SEC.  15.  A  secretary  of  state,  treasurer,  auditor  of  public  accounts, 
and  attorney  general  shall  be  elected  by  the  general  assembly,  and 
shall  continue  in  office  for  the  term  of  four  years,  and  shall  perform 
such  duties  as  may  be  assigned  them  by  law. 

SEC.  16.  In  case  of  impeachment  of  the  governor,  his  removal  from 
office,  death,  resignation,  or  absence  from  the  State,  the  powers  and 
duties  of  the  office  shall  devolve  upon  the  lieutenant  governor  until 
such  disability  shall  cease  or  the  vacancy  be  filled. 

ARTICLE  VI. 
Of  the  judicial. 

SECTION  1.  The  judicial  power  shall  be  vested  in  a  supreme  court, 
circuit  courts,  probate  courts,  and  such  other  courts  as  the  general 
assembly  may,  from  time  to  time,  establish,  which  shall  have  such 
jurisdiction  and  exercise  such  powers  as  may  be  prescribed  by  law. 

SEC.  2.  The  supreme  court  shall  consist  of  a  chief  justice  and  two 
associate  justices,  two  of  whom  shall  be  a  quorum  to  hold  courts. 

SEC.  3.  The  supreme  judges  shall  be  elected  by  the  general  as- 
sembly for  the  term  of  six  years  after  the  first  election  under  this 
constitution.  At  said  first  election  one  shall  be  elected  for  two  years, 
one  for  four  years,  and  one  for  six  years. 

SEC.  4.  The  judges  of  the  supreme  court  shall  be  conservators  of 
the  peace  throughout  the  State,  and  shall  exercise  such  other  juris- 
diction and  appellate  powers  as  shall  be  prescribed  by  law. 

SEC.  5.  The  style  of  all  process  shall  be  "State  of  Deseret,"  and 
all  criminal  prosecutions  shall  be  "in  the  name  of  the  State  of  Des- 
eret." 

ARTICLE  VII. 

Of  elections. 

SECTION  1.  All  free,  white,  male  citizens  of  the  United  States  over 
twenty-one  years  of  age,  having  a  residence  of  six  months  in  this 
State,  shall  be  entitled  to  vote. 


CONSTITUTION    OF    THE    STATE    OF   DESERET. 

SEC.  2.  Electors  shall  in  all  cases,  except  treason,  felony,  or  breach 
of  the  peace,  be  privileged  from  arrest  on  the  days  of  election,  during 
their  attendance  at  such  election,  and  while  going  to  and  returning 
therefrom. 

SEC.  3,  No  elector  shall  be  obliged  to  perform  military  duty  on 
the  day  of  election,  except  in  time  of  war  or  public  danger. 

SEC.  4.  No  person  in  the  military,  naval,  or  marine  service  of  the 
United  States,  by  being  stationed  in  any  garrison,  barrack,  military 
or  naval  place  or  station  within  this  State,  shall  be  entitled  to  vote, 
unless  otherwise  provided  for  by  law. 

SEC.  5.  The  first  general  election  under  this  constitution  shall  be 
held  on  the  first  Monday  in  March  next,  (1862,)  for  the  presentation 
of  this  constitution,  to  be  accepted  or  rejected  by  the  electors,  and 
for  the  election  of  a  governor,  lieutenant  governor,  representative 
to  the  Congress  of  the  United  States,  and  members  of  the  general 
assembly,  as  provided  for  in  this  constitution.  Said  election  shall 
be  conducted  in  accordance  with  the  existing  laws  of  the  Territory 
of  Utah,  and  the  returns  made  to  the  secretary  or  either  of  the  as- 
sistant secretaries  of  the  convention  framing  and  adopting  this  con- 
stitution, who  shall,  so  soon  as  the  returns  aro  received,  and  in  the 
presence  of  the  president  or  any  three  members  of  said  convention, 
open  and  examine  them,  and  determine  whether  a  majority  of  votes 
are  "for"  or  "against"  this  constitution;  and  if  "for,"  furnish 
to  each  person  having  the  highest  number  of  votes  for  any  State 
office  or  representative  to  Congress  a  certificate  of  his  election. 

SEC.  6.  The  first  meeting  of  the  general  assembly  shall  be  as  di- 
rected by  proclamation  by  the  governor  elect,  and  subsequent  sessions 
shall  be  held  as  provided  by  law. 

ARTICLE  VIII. 
Of  the  militia. 

SEC.  1.  The  militia  of  this  State  shall  be  composed  of  all  able- 
bodied  male  citizens  between  the  ages  of  18  and  45  years,  except 
such  as  are  or  may  hereafter  be  exempt  by  the  laws  of  the  United 
States  or  of  this  State,  and  shall  be  armed,  equipped,  and  trained  as 
the  general  assembly  may  provide  by  law. 

SEC.  2.  All  commissioned  officers  of  the  militia  shall  be  elected  as 
the  general  assembly  shall  prescribe,  and  shall  be  commissioned  by 
the  governor  of  the  State. 

ARTICLE  IX. 

Miscellaneous  provisions. 

SEC.  1.  In  order  that  no  inconvenience  may  arise  in  passing  from 
a  territorial  to  a  State  government,  it  is  hereby  declared  that  the 
present  organization,  laws,  and  everything  pertaining  to  the  territo- 
rial government  of  Utah  shall  remain  in  full  force  and  virtue  in  law, 
until  superseded  by  the  action  of  the  State  government  under  the 
provisions  of  this  constitution. 
H.  Mis.  Doc.  78 2 


10  CONSTITUTION    OF    THE    STATE    OF    DESERET. 

SEC.  2.  All  officers  of  this  State  shall  continue  in  office  until  super- 
seded by  their  successors. 

SEC.  3.  The  officers  created  by  virtue  of  this  constitution  shall 
take  an  oath  or  affirmation  to  support  the  Constitution  of  the  United 
States  and  of  this  State,  and  to  faithfully  perform  the  duties  of  their 
office. 

SEC.  4.  The  general  assembly  shall  encourage  education. 

ARTICLE  X. 
Providing  for  amendments  to  this  constitution. 

If  at  any  time  the  general  assembly  deem  it  necessary,  and  for  the 
best  interest  of  the  State,  that  this  constitution  be  revised,  altered, 
or  amended,  they  shall  cause  such  proposed  revisions,  alterations,  or 
amendments  to  be  published  in  the  same  manner  as  provided  for  no- 
tices of  elections,  and  submitted  to  the  votes  of  the  electors  of  the 
State  at  their  next  general  election;  and  if  two-thirds  of  the  votes 
cast  are  in  favor  of  such  proposed  revisions,  alterations,  or  amend- 
ments, the  same  shall  thereafter  become  parts  of  this  constitution  j 
otherwise,  this  constitution  shall  remain  unaltered. 

Done  in  convention,  in  Great  Salt  Lake  City,  by  the  unanimous 
vote  of  the  delegates  present,  the  twenty-second  day  of  January, 
A.  D.  1862.  In  witness  whereof,  we  have  hereunto  subscribed  our 
names  this  twenty-third  day  of  the  month  arid  year  above  written. 

DANIEL  U.  WELLS, 
President  of  the  Convention. 

Delegates  from  Great  Salt  Lake  county. — Abraham  0.  Smoot,  Elias 
Smith,  James  Ferguson,  Reuben  Miller,  Wilford  Woodruff,  Archibald 
Gardner,  Albert  Carrington,  John  Taylor. 

Delegates  from  Davis  county. — Lot  Smith,  Thomas  Grove,  William 
R.  Smith,  Christopher  Layton,  Samuel  W.  Richards. 

Delegates  from  Weber  county. — Aaron  F.  Farr,  Lorin  Farr,  Chauncy 
W.  West,  Jonathan  Browning,  James  McGaw,  Crandell  Dunn. 

Delegates  from  Box- Elder  county. — Lorenzo  Snow,  Jonathan  C. 
Wright,  Alfred  Cordon. 

Delegates  from  Cache  county. — Ezra  T.  Benson,  Peter  Manghan, 
William  B.  Preston,  William  Hyde,  Preston  Thomas,  William  Man- 
ghan, Seth  M.  Blair. 

Delegates  from  Summit  county. — Thomas  Rhoads,  Henry  W.  Brizzee, 
John  Reese. 

Delegates  from  Tooele  county. — Evan  M.  Greene,  John  Rowberry, 
Eli  B.  Kelsey. 

Delegate  from  Shambiss  county. — Lysander  Gee. 

Delegates  from  Cedar  county. — Zerubabel  Snow,  William  Price. 

Delegates  from  Utah  county. — Leonard  E.  Harrington,  James  W. 
Cummings,  Albert  K.  Thurber,  Lorenzo  H.  Hatch,  Benjamin  F. 
Johnson,  Aaron  Johnson,  W.  M.  Wall. 


CONSTITUTION    OF    THE    STATE    OF   DESEEET.  11 

Delegates  from  Judb  county. — Timothy  B.  Foot,  Israel  Hoyt,  Jona- 
than Midgley. 

Delegates  from  San  Pete  county. — Orson  Hyde.  Frederick  W.  Cox, 
Matthew  Caldwell,  William  S.  Seely,  Bernard  Snow,  Madison  I). 
Hambleton. 

Delegates  from  Millard  county. — Thomas  Callister,  Thomas  R.  King, 
Levi  Savage,  jr. 

Delegates  from  Beaver  county. — William  J.  Cox,  Edward  N.  Thomp- 
son, James  H.  Rollins. 

Delegates  from  Iron  county . — Hosea  Stout,  Silas  S.  Smith,  Horace 
S.  Eldredge. 

Delegates  from  Washington  county. — John  M.  Moody,  William 
Crosby,  George  A.  Smith. 

Attest:  WILLIAM  CLAYTON, 

Secretary. 


».  1908 


